In re Michael P.
On June 2, 2009, appellant, Michael P., a minor, was adjudicated of committing a felony violation of Penal Code section 245, subdivision (a) (assault with a deadly weapon or by means of force likely to cause great bodily injury). On November 5, 2009, the juvenile court ordered appellant committed to the Department of Corrections and Rehabilitation, Division of Juvenile Justice (DJJ), and declared his maximum term of physical confinement (Welf. & Inst. Code, § 731, subd. (c))[1] (MTPC) to be four years four months, based on the instant offense and another offense adjudicated in a prior wardship proceeding, less 267 days of custody credit. By a document filed December 23, 2011, the Stanislaus County Probation Department notified the juvenile court that appellant was discharged from the jurisdiction of DJJ on December 14, 2011, and requested that the court recall the DJJ commitment and return appellant to probation status.[2] On December 28, 2011, the juvenile court recalled appellant’s DJJ commitment and placed him on probation, with various terms and conditions. At a subsequent hearing on February 10, 2012, the court determined appellant’s probationary period to be 16.3 months, which it calculated by crediting appellant with 31.7 months (951 days) in custody against a total term of 48 months.
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